PLAI

Statute

Intellectual Property Code with the 2020 Revised Rules of Procedure for Intellectual Property Rights Cases

369 provisions · showing PART V › RULE 5 (6) · source

Section 1

A party can avail of any of the modes of discovery in accordance with the Rules of Court not later than thirty (30) calendar days from the joinder of issues.

Section 2

Any mode of discovery, such as interrogatories, request for admission, production or inspection of documents or things, may be objected to within ten (10) calendar days from receipt of the request for discovery and only on the ground that the matter requested is manifestly incompetent, immaterial, or irrelevant or is undisclosed information or privileged in nature, or the request is for harassment. The requesting party may comment in writing within three (3) calendar days from receipt of the objection. Thereafter, the court shall rule on the objection not later than ten (10) calendar days from receipt of the comment or the expiration of the three-day period.

Section 3

Upon ex parte motion of a party, the deponent may be examined regarding any matter, not privileged, which is relevant to the subject of the pending action, subject to the provisions of Rule 23 of the Rules of Court. The court may allow a deponent to give his or her deposition through electronic means, such as teleconferencing or videoconferencing. The other modes of discovery under the Rules of Court, including the use of electronic means, shall be allowed.

Section 4

Upon motion of any party showing good cause therefor, the court where the action is pending may order any party to produce documents, papers, books, accounts, letters, photographs, or files, or its electronic counterpart, and/or to permit the inspection and copying or photographing thereof, by or on behalf of the moving party.

Section 5

Compliance with any mode of discovery shall be made within ten (10) calendar days from receipt of the request for discovery, or if there are objections, from notice of the ruling of the court.

Section 6

The sanctions prescribed by the Rules of Court in relation to the modes of discovery shall apply.